Decatur Daily Democrat, Volume 62, Number 251, Decatur, Adams County, 23 October 1964 — Page 10

PAGE TWO-A

BONING ORDINANCE WYAtTUR. 3NR4A*A UENKRAL OHiMNANCE NO. lIM4 AN ORDINANCE) AMENDING THE ZONING ORDINANCE ()F THE CITY GF DECATUR, INDIANA, GENERAL ORDINANCE NO. 11949, AS AMENDED, PASSED BY THE COMMON COUNCIL OF THE CITY OF DECATUR, ADAMS COUNTY, INDIANA, ON THE 19TH DAY OF OCTOBER, 1949, ENTITLED: (An Ordinance) "Establishing a xonlng plan for the City of Decatur to conserve the value of property In the city and to the end that adequate light, air convenience of Access, and safety’ from fire, flood and other dangers may be secured; that congestion In the public streets may be lessened or avoided; and that the public health, safety, comfort, morals, convenience and general public welfare may be promoted in a manner which recognises the needs of Industry and Business In the future growth of the city and will encourage the development of health surroundings for family life In residential neighborhoods; all In accordance with a Master Plan designed to assure efficiency and economy In the process of development of the city, and for th# purpose of: (1) regulating and limiting the height, area, bulk and use of buildings hereafter to be erected; (2) Regulating and determining the area of front, rear and side yards and other open spaces about buildings; (3) Regulating and determining the use and Intensity of use of land and lot areas; (4) Classifying, regulating and redlstrlcting the location of trades, callings, Industries, commercial enterprises and the location of buildings designed for specified uses; (5) Dividing the city Inlo districts of such kind, character, number, shape and area as may be deemed necessary to carry out the purposes of this ordinance; to provide for administration and for penalties for this violating of Its provisions; authorising the creation of a board of sorting appeals and providing for review of the decisions of such board by the court. This ordinance, and ordinances supplemental or amendatory thereto, shall be known as the Zoning Ordinance of Decatur, adopted this 18th day of October, 1949". AND TO ENACT A NEW ZONING ORDINANCE WHICH SHALL READ AH FOLIiOWjJ: AN ORDINANCE FOR THE DEVELOPMENT THROUGH ZONING. OF THE TERRITORY WITHIN THE JURISDICTION OF THE DECATUR CITY PLAN COMMISSION. CITY OF DECATUR, INDIANA. He It ordained by the Common Council of the City of Decatur, Indiana, under authority of Chapter 174, Acts of 11147. and all acts amendatory thereto, General Assembly of the State of Indiana. SECTION 1. MIOHT TITLE This Ordinance, and ordinances supplemental or amendatory thereto. shall be known, and may be cited hereafter ns the "Zoning Ordinance of Decatur, Indiana — 1981". SECTION 2. KkTABLIMHMENT OF DISTRICT* AND BONK MAP The territory within the Jurisdiction of the Decatur City Plan Commission Is hereby classified arid divided Into nine (9) Walr-tcla-designated us follows; J—gubu rim u Reside nee District 11-1 —Residence 1 ilstrlct 11-2 Residence District 11 —Homestead District B-J—Local Business District 11-2 General Business District B-l —Roadside Business District 1-1 Industrial District 1-2-rlndustrlal Expansion District The Zone Map, which accompanies and Is hereby declared to be part of this Ordinance, shows the boundaries of and the area covered by the Districts. Note tlons, references, indications and other matters shown on Hie Zone Map are tut much a part of this Ordinance as If they were fully described herein. MIXTION 2. RESIDENTIAL I ME* A REQUIREMENT* A The residential Uses defined below. Including Accessory Buildings and 'Uses. Wre permitted In the Districts Indicated In Figure 1 when complying with the requirements listed therein, subject also to the provision of paragraph 11. herein 1. Single-family Dwelling Is a Detached Building designed for or occupied by one Family, exclusively. 2. A Two-family Dwelling Is a Detached Building designed for or occupied by two families, exclusively 3 A Multl-famlly Dwelling, is a Building designed for or occupied by three or more Families, exclusively B. other provision for Resldvnlal Uses are as follows. 1. I se of existing Luts deflcleat In nren or width! A Single-family Dwelling may be located on any Lot In any District In which Single-fam-ily Dwellings are permitted If the Lot was a single parcel aepnrately described or a single parcel Included In a deed or Plat which was of record in the Office of the Recorder of Adams Count’', Indiana, at the time of passage of this ordinance, evf'h, though the Lot does not have the minimum Lot Width or the minimum Lot Area specified for the District. 2. Height: In Districts limiting height to twenty-five (2.7) feet or two (2) stories, a dwelling may be Increased In height not to exceed thirty-five (351 feet, if building Is sei bask from required side and rear yard line one (I) foot for each 12) feet of height above twentyfive (25). 3. Partial Use of Alley for Yard: One-half of an Alley abutting the rear or the side of a Lot may be included in the required Rear Yard dimension or Side Yard dimension, respectively. 4. Ffroat Yard HnlWlng l.laei a. Where 35% or more of the Lots tn the Block are occupied by Buildings, the average setback of such Buildings determines the dimension of the Front Yard In the Block, but the Front Yard dimension need not exceed Forty (10) feet In any case. b. Building Lines or Building Set-back Hues established In a recorded subdivision shall establish the dimension of Front Yards In such subdivisions. except when such Building Set-bacjc Lines may be. less restrictive as provided in Section 11 of this Ordinance c. On Through Lota a Front Yard is required on each .„ street. , d. Open, unenclosed or screen-' ed porch (not a glass en-- - “ Tlbeed porch rlt - MWtparlrrrl '— may project Into front yard a maximum of ten (10) feet. • 5. Tapered Yard: Where a reversed Interior Lot abuts a Corner Lot, or an Allay separatlong such Lf'its. an Accessory Building located

on the Rear Lot Line of a Corner Lot ahall set buck from the side afreet as far as the Dwelling on the reversed Interior Lot. For each foot that such Accessory Building Is placed from) the Rear Lot Line toward the Front Lot Line of the Corner Lot. the Accessory Building may be set 4 Inches closer to the side Street line, but In no case closer than five (5) feet. 41. Accessory Uulldlngs aad I’are i a. Accessory Buildings are permitted In all Districts, but not prior to the erection of the Principal Building b. No Accessory Building shall be located closer to a Side Lot Line or a Rear Lot Line than three (3) feet nor exceed eighteen (18) feet In height and, If detached from the Principal Building, shall be set back al least twenty-five feet form the Building Line. c. Accessory Uses such as public utility installations, walks, driveways, curbs, retaining walls, mall boxes, name plales, lamp posts, bird baths and structures of a like nature are permitted In any required Front, Hide or Rear — ■ Yard, and with out permit. Fences, lattice work screens, hedges or walls, not more than seven (7) feet In height, and private swimming pools surrounded by a fence of at least flve(s) feet high, may be located In the required Hide or Rear Yard, and a hedge, maintained so as not to exceed 3 feet in height may be located'in any Front Yard Trees, shrubs, flowers, or plants shall be permitted In any required Front, Hide or Hear Yard, except- that Vision Clearance on Corner Lots ahall be provided when required. d. Accessory Buildings detached from the Principal Building may not occupy more than thirty (30%) per cent of the area devoted to the rear yard. BHITTON ». RI-MNKgg U*EM AND REQUIREMENT* The business Uses defined below nrc permitted In the Districts Indicated In Figure 2. when complying with the requirements specified In Flguroe 2, 3 and 4, and subject lo the provisions of paragraph D. herein. A A Local Business Is one which Is primarily of a retail or service nature ami Is specifically classified or Implied In the following categories of uses: 1. Automobile Mervlce — Including! a. Filling Station b Public Garage, but not Including major repair or body c' Public Parking Aren d. Hales Room e. Open Hales Lot 2. Business Her vice— Including! a. Bank h. Office Building . <•»: Postal Hlatlon S' <l. Telegraph Office e Utllly Company Business Office __2. Clothing Service— Including! a. Laundry Agency b Helf-Hervlee Imundry or Helf-Service Dry Cleaner c. Dry ('leaning Establishment using not more than ..two clolhes-cleanlng units, neither of •which shall have a rated capiii’lfy of more than ao . iux. using. dwyrtnirwhich Is non-explosl vo and non-flam* Me. dr Drossmeklng—- <• Millinery f. Tailor and Preening Shop g. Rime Repair Simp 4. Equipment *ervle» — Inelud*"*'o Radio or Television Repair Hlmp b. Electric Appliance Repair Shop c Record Shop B. Food Mere lee—lncluding I ii. Grocery b Meat Market c Supermarket d. Restaurant c. Delicatessen f Cold Storage Lockers, for Individual Use g Bakery, provided floor area used for production, shall not exceed seven hundred fifty (759) square foot h. Itonrislde Hales Stand n Barber Shop b Heanty Shop c. Reducing Salon d Photographic Studio T. Het aS Mervlee. Retail Stores Gennernll) —lncluding i a Drug Store b. Hardware or Paint Store c Stationer d Newsdealer e Show Room npd Sales Aren for urtlcloa to be sold at retail f Commercial Greenhouse not exceeding 1,000 square feet In area g Apparel Shop h Flower Shop l. Antique Simp j Sime Store k Variety Store I Toy Store m. Jewelry Store n Sporting Goods Store 5. Ilualneas Recreational I nca—including! a. Hilliard Room b Dancing Academy c Tavern or Night Club; only in conformity with requirements of laws or ordinances governing such use. d Sporting Activities l». Private Club or Lodge 10. Motel IL Advertising Sign or Billboard 12. Accessory Building or Ise cuntomaril, Incident to the above 1 ar* which mo, not have more than fort, t-iOl per cent of its floor area devoted to atornge purposes. and provided that not more than flvr (5) persons are employed al oar time or on any one shift tn connection with such Incidental I se. Local Business Uses. categories 2 through 19 Inohrnlve and 12. ahull be conducted within Buildings so constructed that no noise of anv kind produced therein shall lie audible beyond the confines of the Building B A Roadside Business Use is one which - normally rcqulije* drtve-lu fiullltles related to a street or highway, and Is primarily of' a retail «r service nature specifically’ stated or Implied In the following cate-, gorles: 1 Local Bualnass Uses 2 Automobile. Truck or Trailer Rental and Hales Area 3. Automobile and Truck Repair, entirely within ericlosed Buildings 4. Indoor Theatre 5. Bowling Alley or Roller Rink, entirely within enclosed Buildings 8 Department Store 7. Hotel S Veterinary Hospital for Small Animals 9 Kennel to. Radio and Television Studios 11. Newspaper Publishing • 12 Motor Bus or Railroad wsfiwpt ' wratT«wr^-~*“ —~ ” 13. •Avcessory Buildings or Use customarily Incidental tty the above Uses —A General Itustness Use in- - < biding Ai cl'ssory Buildings and Uses Includes the Uses, apeclflcully stated ur Implied, as fol- S

lows: 1 Local Bu»lnm«n U««s 1 RoaOirtdc Business TJaea f 3. ttoraga Warahouae 4. Wholesale Establishment 5. Any Business Use not specifically stated or lanpHed elsewhere in the Ordinance 8. Accessory Buildings or Use cimtemarlly Incidental to the above Uses. D. Other Privlsiona and Requirements for Business Uses are a* follows: 1. Parking Hpaces shall be provided on the Lot, or as a Speolal Exception within three hundred (300) feet thereof, as Indicated In Figure 8. 2 Groups of use requiring Parking Hpiice may Join In establishing Private Parking Area with capacity aggregating that required for each partlclpnllng Use. 3 Loading and Unloading \ Berths shall he provided on Um Imt as Indicated In Flg- > tire 4, except that Img'Mng and Unloading Berth* shall not be required for Business Uses which demonstrably do not receive or transmit goods or wares by truck delivery. 4. One-half of an Alley abutting the rear of a Lot may/ be Included In the Rear Yard, but such Alley space shall not be Included for Loading and Unloading. 5. Where twenty-five (25) per cent or more of the Lots in a Block Frontage are occupied by Buildings, the setback of such Buildings shall determine the location of the Building Line, except that this requirement shall not apply to business or light Industrial uses In the B-3 District. 4. Parking Hpaces and Accessory Uses are permitted In the required Front Yard In the B-l, and B-J D I s t r lets, — on Lots where Business Is located. 7. Dwellings which are located in Buildings used for Business Uses are Incidental to the Bualness Uses. HK4TION 4. MHOPPIND ( ENTER PLAN. RERIIRKMENTM AND PRO 4 HIM REM <■ A Hhopplng Center Plan may be permitted by the Bon rd i<h a Hpeidal Exception, and subject to compliance with the following requirements and procedure In accordance with Section 7. A. The Local Buslnes* Uses In Hectlon 8. and also Bowling Alley or Roller Rink and Department mores, are permitted on the tract of land proposed for a Hhopplng Center, provided that the proposed plan Includes at least four (4) separate types of Business Uses as are specifically classified or Implied In the I. Business Use categories In Hectlon 3, nnd provided further that not more than one of which shall be an automobile service, other than a public parking area, an set forth In Section 3 11. The tract of land proposed for n Hhopplng (’enter Plan shall he of an area of not less than five (5) acres and the average length of the tract shall not be greater than two and one-half (2V4> times the average width. C. The Board may order a Permit Issued for a Hhopplng Center Plan In accordance with the procedure and provisions of this ordinance and upon an affirmative finding by the Board that the following requirements have been met liy the Owner 4>r owners, or developers' of the truct of land proposed for a Shopping Center Plan. - V. Traffic Mindy n To Include a comparative analysis of present capacity of street (s) adjacent to the proposed center with potential capacity volumes, taking Into considerKllon the effect the proposed center will have taking Into consideration the effect the proposed center will have upon engendering additional traffic b.- To Include a circulation plan for all streets (existing nnd proposed) which show recommendations for controlling, signaling, channelising, storing nnd warning traffic. 2. Development Plnn To Include the following additional requirements: n. A Plnn of landscape development which shall Include,, among” other conslderatlona, .. an iirva of at least ten (10) feel In width along all streets, with the execution of approved entrances, which border the proposed center, to bo planted nnd mnlntalned with trees nnd shrubbery to serve ns a screen for the parking (irea(s). I: A planting screen, consisting of suitable shrubbery, maintained nt a six (8) foot height by six (8) foot width, to he planted wherecver the proposed center would abut residential use. <■ Provision for one offstreet parking space (at least 270 square feet In area) per sixty (80) square feet of sales area In the center. d No buildings or paved areas (other than access drives) may he located closer then fifty (50) feet to any area used or xoned. for residential purposes: In order to creat a greenbelt, nnd such greenbelt shall be maintained as lawn together with appropriate landscape development and screen planting hereinbefore specified e. An ndequaU> number and proper arrangement of loading nnd unloading .berths shall be shown In Ihe 1 ’development plnn and provided by the developer •« H. Other Authority Approval n. Any other authority Approval required when applicable. such as Indiana Htate Highway Department, etc., shall accompany the application 4. Outdoor Mlgus and l.lghtInu v a The location, effect and arrangement of all outdoor ndvertlslna signs proposed to be erected shall be subject to the approval of the Board. Ik Architectural Control a Architectural plans of the building and structures proposed to be constructed ahall be subject lo the approval of the Hoard The Board's approval shall he based on the architectural plans creating a unified design which will be lo character and proper relationship to the surrounding areas. MECTION R. INDI MTRIAI. UME» AND HF.Ri IREMENTM The Industrial Use* defined below. Including Accessory Buildings and V l **' Br * permitted in the Districts Indicated In Figure 5. Iji accordance with the requirements of this Hectlon No activity Involving the storage, utilisation or manufacture of materials or products which decompose by detonation shrill be permitted unless specifically approved by the Council of the City, and then only in the 1-1 or 1-2 Districts Such activity shall be conducted In accordance with the rules promulgated by the State Fire Marshal. S’uch materials shall include. _l>ut are not IlmJ-ted to. riTT primary cxplfiaft’es siicK as lend aside, lead styphnate. fulminates and tetracene, all high explosives such as TNT. RDN. lIMX, I’ETN nnd picric avid: propel hints and components thereof, such .is nitrocellulose, black powder, boron hydrides, hydraxlne and Its 4. .

™ SSSZ t»*<x*AL fgssa& SSBIi.

derivatives; pyrothechnlca and fireworks suck M RMMUSMIIHV POW4T, poptMalum chlorate, gad potM■tmn nitrate, blaatlng sxpfoslves such dynamHo and qitrqgAycarln«; unstable organic compounds such as acetylldea, tetracofee, and oeonkhes; strong oxMMa* agents such as Haul 4 oaygoa, perchloric add, perchlorate*, chlorates, and hydregwn peroqfde In concentrations greater than tlrtrty-ftve’per cent (>5%); and miclear fuels, fissionable material and porducts; and reactor slsmsnta such as Uranium 235 and Plutonium 23». The restriction of this Section shall not apply to (1) the activities of site preparation or construction, maintenance, repair, alteration. modification or Improvement of buildings, equipment or other Improvements on or within the Lot Line; (2) the operation of motor vehicles or other faeflitles for the transporatlon of personnel, materials or products; (3) conditions beyond the control of the user such as fire, explosion, accidents, failure or breakdown of equipment or facilities or emergencies; (4) safety or emergency warning signals or alarms necessary for the protection of life, limb or property: A Al Enclosed Industrial Use is one whirl! in cenducied entirely within enrhmed Buildings at any sine provided they meet the yard requirements and conform to the standards In Paragraph C., helowH. An Open Ipduotrlnl Use In one which require both bulldlngn nnd open area for mannfacturlag. fabricating, proeeaalng, extraetiog. heavy repairing, dismantling, storage or dlnponal of equipment, raw material a. manufactured products or waste* | and land and/or hulMIngn In Dlnirlctn permitting an Open luduntrial Unci and shall be used no on io comply to the otan<ardn In Paragraph C.. below. C, Standard for Industrial Uaeat Smoke — For Enclosed Industrial Use the emission of more than’seventy (7b) smoke units per hour per stack and emmlssione In excess of Rlnglemunn No. 2 are prohibited, except that for one (I) hour during any twenty-four (21) hour period this rate may be Increastd to eighty (80) smolte units per hour per stack up to unit Including Rlnglemnnn No. 3 for the purpose of process purging, (foot blowing nnd fire cleaning. For Open Industrial Use the emission of more than ninety (90) smoke units per Hour per stack and emission In excess of Ringlqmann No. 3 are prohibited, except afor a one (1) hour period during the twenty-four (24) this rate may be Increased to'(>r>e hundred twenty (120) smoke units per hour per stack, still at Rlnglemann No. 3, for purposes of process purging, soot blowing, and fire cleaning. 2. Particulate Matter — The rate of emission of particulate matter from an Individual process within the boundaries of any lot shall exceed a figure of 0.06 pounds per 1,000 pounds of effluent gan for Enclosed Industrial Use. Nor 11.2 pounds per 1,000 pounds of effluent gas for Open Industrial Use. Fore Enclosed Industrial Use and Open Industrial Use not more than fifty percent (50%) by weight of particles larger than 44 micron (325 mesh) shall be allowed 3 Odor Any Enclosed or Open Industrial Activity or operation which releases odors to the attmosphere shall be so controlled as'to Insure that It will prodiifq no public nulsence or haxard at or beyond the nearest Residence or Business District boundary line. 4i._ Poisonous and Injurious Fiirnqs and Gases — The emission of toklc or Injurious fumes and gates shall be controlled so as to cortiply with the following: The emission from any source shall not cause at or beyond any lot line, concentrations of toxic and/or Injurious fumes and gases In excess of ten per cent (10%) for an Enclosed Industrial line, and twenty-five percent (25%) for an Open Industrial Use, of the threshold limit as set for the fume or gas In question In the "Threshold Limit Values for Toxic Materials In Industry" Issued •by the Indiana Htate Department of Health, from the American Conference of Governmental Hygienists. latest Issue. The emmlsslorr of any gas or fumes across' lot lines In such (Uinoentratlons as to he detrimental to or endanger public health, safety, comfort and welfare or shall cause Injury or damage to property or business Is prohibited. 5 Glare and Heat — No Enclosed or Open Industrial operation. activity or structure shall cause heat or glare In such a maimer as to be a public nulsence at or beyond any Residence or Business District boundary. 6. Vibration — Any Enclosed or Open Industrial Use creating Intense earth-shaking vlratlons such us are created by n heavy drop forge shall be set back from a Residence District boundary at least two hundred and fifty (250) feet, or at least one hundred and fifty (150) feet, from a Business District boundary. Earth shaking vibrations at the Industrial properly line shall not be In violation of thia ordinance as long as the vibration Is not perceptible without the aid of Inst ruments. 7 Noise — At no point 125 feet from the boundary of a (-1 or 1-2 District or any District which permits Enclosed industrial Use, shall the sound pressure level of any operation or plan (other than background noises produced by sources not under the control of this ordinance) exceed the decibel limits in the octave bands designated below ENCLOSED INDI MTRIAL I MF. Maximum Maximum Permitted Permitted Sound Hound Level Level (In (In Decibels) Decibels! 125 Feet 125 Feet From From Octave District District Band Adjonfng Adjoining Frequency Residence Residence (Cycles Per District District Second) Boundaries Boundaries 0 to 75 75 80 75 to 150 70 75 150 tn SOO «5 70 300 to 800 59 64 600 to 1200 53 58 1300 to 2400 48 5S 2400 to 4800 48 49 Above 4800 41 46 OFEN INDIMTRIAL IMF. Maximum Maximum Permitted Permitted Sound Sound Level Level (In (Tn Decibels) Decibels) 135 Feet 125 Feet From From Octave District District Rand Adjoining Adjoining Frequency Residence Residence (Cycles Per District District Second) Boundaries Boundaries 0 to 75 75 81 75 to 150 70 78 150 to 300 66 72 3(H) to «l>o 62 48 600 to 12(H) 57 63 1300 (o 2400 53 59 .SlliO to IM)0 49 55 - .- 51,..., Sound levels shall be measured with a sound-level metFr and associated octave band analyser or filter, manwfsetnrvd In cnmpH-aul-e with standards prescribed by the American Standards Association. '

1. Fir* Hasards — Th* storage utiHsakioii or m*nufaoture ot Bond materials or products ranging from Incombuatlbto to moderate burning Is permßtnd. The storage, utilisation or manufacture ot sold materials or products ranging from free or aotlve burning to IB* tens*, burning is permitted provided the following conditions ar* met: a. For Enclosed Industrial I'm and Open Industrial Use said materials shall be stored* utilised or manufactured in such a manner and protected by such means as approved by the Indiana lute Fire Marshall. b. For Enclosed Industrial Use and Open Industrial Use the storage, utilisation or manufactur of flammable liquids or gases* which produce flammable or explosive vapors shall be permitted In accordance with the following Table (exclusive of storage of finished products In original sealed containers). Distances shown are to nearest adjoining property lines which may be built upon. •When Flammable gases are stored, utilised or manufactured and measured ‘in cubic feet, the quantity In cubic feet (at H.T.P.) permitted shall not exceed SOO times the quantities listed above. FLAHHABLB LM*l» STORAGE Capacity Class* of of Tank Flammable Distance (Gallons) Liquid (Feet) 0 t0"*375 iii • 278 to 750 IM 5 0 to 750 I*ll 10 751 to 12,088 mt 10 751 to 12.000 I* 11 15 v 12,001 to 24,000 I, IT. HI 15 24,001 to 20,000 I, 11, 111 30 30,001 to 50,000 I, 11, 111 35 Tanks In excess of 50,000 gallons, and those for storage of Crude Petroleum shall be at a distance of 3 times the greatest dimension of the diameter or height of tank, except that distance shall not be less than 20 feet and need not exceed 350 feet. •'•N.F.P.A. Classes of Flamable Liquids . Class I Flash Point below 20 degrees F Class II Flash Point below 70 degrees F t Class HI Flash Point above 70 degrees F 9 Water and Stream Pollution — The disposal of wastes discharged into public streams and sewage systems shall meet the requlre»ents of the Stream and Poltlon Control Law of the State of Indiana (Chapter 214, Acts of 1943, as amended). B. Other Provtolowe Bad Reqnlreniene for Encluaed Industrial sad Open Industrial Uses are as follows I 1. Each Use shall provide one Parking Space for each 2 employees, on combined employment of the two largest succeslve shifts, located on the same Lot as the Use, or as a Special Exception within three hundred (300) feet thereof. , , 2. Groups of Uses requiring Parking Space may join In establishing a Private Parking Area with capacity aggregating that required for each participating Use. 3. Each Use shall provide Loading and Unloading Berth, located on the same Lot as the Use, as specified In Figure 5. 4. One-half of an Alley abutting the rear of a Lot may be included In the Rear Yard,, but such alley space shall not.be ■included for Loading and Unloading Berths. 5. The maximum height requirements, as specified In Figure 5. may be increased in the portion of the Building above the speplfled maximum height requirement is set back from the Front Lot Line, one (1) foot for each two (2) feet of additional height. fl. In all District permitting Enclosed Industrial Use or Open Industrial Use, It Is permissible to erect more than one Principal Building devoted to Enclosed Industrial Use, or Open Industrial Use. on a Lot. SECTION « CONTINGENT USES AND REQUIREMENTS Contingent Uses defined herein, including Accessory Buildings and Uses, are permitted In the Districts Indicated In Figure 7, subject to the provisions herein. A. A Contingent Ise Is one which In likely or liable, but not certain, to occur and which Is not Inappropriate to the principal Uses of the District, In which it may be located. When no located It shall conform to the requirements of the District In which the Contingent Use to permitted, except that the number of Parking Spaces to be provided shall conform to the requirements of Figure 9. The required number of Parking Spacen shall be provided on the name Los with the Use. or an a Special Exception within three hundred feet thereof. __B. Other Provisions and Requirements for Contingent Uses are an follows i 1. Home Occupation — Basic Requirements: a. The home occupation shall be carried on entirely In the dwelling or within an accessory building on the lot. b. Not more than one person, other than occupants of the dwelling shall be employed In the home occupation use. c. Not more than 500 square feet of total floor area shall be devoted to home occupation In any dwelling or building accessory thereto.* d. Articles sold or offered for sale shall be limited to those produced In the dwelling or within the accessory building. e. There shall be no exterior display, no exterior sign (except as permitted by the applicable district regulations), no exterior storage of materials, and no other exterior Indication of the home occupation, or variation of the residential character of the principal building f. No offensive noise, vibration, emoke or other particulate matter, odorous matter, heat, humidity, glare, or other objectionable effects shall be produced. g. A home occupation, Includes, but Is not limited to, the following: (I) Artist’s studio (3) Dressmaking (3) Professional office of a medical or osteopathic physician, dentist, podiatrist, chiropodist, lawyer, engineer, architect, or accountant. (4) Teaching, with musical instruction limited to a single pupil at a time (51 Barberlng or Hairdressing C. An Existing l w which Is inr*nded herein ea n Contingent Uwe. nnd which is h»«-nted In a District In which such Contingent Use In permitted. In n conforming Use. Any expnunlon of such Contingent Use Involving the enlargement of the Buildings. Structures nod land urea devoted to such Use shall be anhjeqt to the requirements of thin Section. SECTION T SPECIAL EXCEPTIONS. REQUIREMENTS AND PROCEDI RE A. Special Exceptions are uses publicly operated and those uses traditionally affected with a public Interest and those uses entirely private In character but of sneb an wnusnnl natury ..that..... their operation may give use to unique problems with respect to their Impact upon neighboring property and public facilities. 1 Th< Special Exceptions listed in Figure 9 and their Accessory Buildings and Uses may be permitted by tbs Board in the Dis-

tricts indicated therein, In accordance with ths proesdurs set forth in this Section Mid ths requirements Hated in Figure 9. B. Upon receipt A thm for an 2—iievrwsnt Location Permit for a Special Exception by the Building Inspector It shall he referred tn the Beard. A cepy of eneh application shall be referred rsaeurrently to the CemnrtmlinC. The Board shall then proceed with a hearing which shall be held wribta forty-rive (4B) days from the date of filing of the oppllentloa for a Special Exception. The Board shall cause notice of the hearing tn he publlaheM la a newnpapsr nt goaosal eUsalatloa la the City at least tea (IS) days prior to the date net for the Hearing, netting for the time and place of the heavhsg and giving dne notice to the interested parties in accordance with She rules of the D. Upon each hearing, If the Beard finds theti 1. The eutabliehment, maintenance, or operation of the Special Exception will not be detrimental to or endanger the public health, safety, morale, or general welfare; 2. The Special Exception will not be Injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor sub- ’ stantlally diminish and Impair Sroperty value within the nelghorhood; «. 2. The establishment of the Special Exception will not impede the normal and orderly development and Improvement of surrounding property for uses permitted In the District: 4. Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided; 5. Adequate measures have been or will be taken to provide Ingress and egress so desired as to minimise traffic congestion in the public streets; «. The Special Exception will be located in a District where such use is permitted and that all other requirements set forth , In Figure 8 applicable to such Sepclal Exception will be met; the Board anil direct the Building Inspector to Issue the Improvement Location Permit for such Special Exception, otherwise the Board shall direct.the Buildlag Inspector to reject the application. The findings of the Board and ita order to the Building Inspector shall be In writing. E. An exlnting Use which Is Hated herein an n Special Exception, nnd which in located in a District in which such Speeial Exception may be permitted, is a Conforming Use. Any expansion of sueh Special Exception Involving the enlargement of Buildings, Structures, and Land area devoted to such U se shall he subject to the and procedure described In this Section. F. Any Person, to whom Is issued an Improvement Location Permit for a Speeial Exception which falls to commence construction within twelve (13) months after eneh permit Is isuued er who fails to carry to dbmpletion the total Development Plan thereof with a three (S) years after such eoaatrnetion la hegua, whichever Is later, or who falls to eonform to the provision of the Development Plan and supporting data ’ finally approved by the Board and wpon the basis of which such Improvement Location Permit was Issued, may be required by the Board upon Its own motion, and shall be required by the Board upon written petition of any Person deeming himself aggrieved, to show eanae why snch approval should not be withdrawn aad such. Improvement Location Permit revoked. _ G. The holder of an Improvement Location Permit for a Special Exception may apply to the Board at any time for an alteration, change, amendment or extension of the application or Development Plan upon which such permit wan based. 1. Upon receipt of such application, the Board shall proceed as in the case of original appllcations for an Improvement Location Permit for a Special Exception. 2. In the event the Board shall approve and order such application or Development Plan ehanged, altered, amended or extended, it shall so notify the Building Inspector who shall Issue an amended Improvement Location Permit. H. A Residential iDevelopment Plan may be permitted by the Board as a Special Exception, and subject to compliance with the following requirements and procedure in accordance with this Section I 1. That the buildings proposed shall be used primarily for singlefamily or two-family dwellings, apartments or group houses, and the usual accessory uses suth as garages, storage space and community activities and that only a small commercial area, composed of service stores, may be included: 2. That the area of the tract, excluding street area, but including the area to be devoted to parks, parkways, and other open spaces, will provide the minimum lot area per family, counting all families to be house under the Residential Development Plan, which is required for the district in which such development is to be located. SECTION 8. NONCONFORMING USE SPECIFICATIONS The lawful use of a Building or premises, existing at the time of passage of this ordinance may be continued although such Use does not conform to all the provisions of this ordinance, subject to the following conditions: A. A Nonconforming Use may be extended throughout a Building provided the sixe of the Structure is not increased. B. A Nonconforming Use may be changed to another Nonconforming Use of the same or greater restrictions, but not to a Use of lesser restrictions, except that the sixe of the structure shall not be increased. ,» C. No Building shall be erected upon any premises devoted to a Nonconforming Use, except in conformance with the provisions of this ordinance. D, The Board may authorise, by written permit, in a District permitting Residential Use for r a period of not more than one (1) year from the date of such permit, a temporary Building for Business or Industrial Use Incidental to the residential construction and development of said District. E Nothing herein contained shall require any change in the plans, construction or designated Use of a Building for which an Improvement Location Permit has been heretofore issued, and the construction of which has been diligently prosecuted within ninety (90) days of the date of such permit, and which entire Building shall be completed according to such plans filed within three (3) years from the date of passage, of this ordinance. F. In the event that a Nonconforming Use of any Building or premises Is discontinued for a period of two (8) years, the use of the same shall thereafter conform to' the Uses permitted in the ' District in which it Is located. G. Any Nonconforming Open Use of land such as a junk yard or automobile wrecking or salvage yard shall be discontinued within five (5) years from the date of October 18, 5949, which was the

sh* No. 1-M4I. , _ H. !%••• provisions apply to ths same manner to a Um which may bsctwe * non-conforming Um m * result of an amendment to this ordinance. I SECTION 9. ADMINISTRATION The Building Inspector Is hereby designated and authorised to enforce this ordinance. A. Any Person, who shall make , application for an Improvement Location Permit shall, nt the time i of making such application, fur- > nlsh a site plan or Development Plan of the real estate upon i which said application tor an Improvement Location Permit is made at least flv« (5) days prior i to the issuance of said Improve- , ment Location Permit, which five i (5) days may be waived by the < Building Inspector. Said site plan shall be drawn to scale showing i the following items, both existing and proposed: 1. Legal or site description of the real estate involved. 2. Location and sixe of all Buildings and Structures. 8. Width and length of all entrances and exits to and from ■aid real estate. i 4. All adjacent and adjoining roads or highways. B. An application for an Improvement Location Permit for any Industrial Use subject to the i provisions of Section 5, Figure 5 i of this ordinance shall be accompanied by a "Certificate of Compliance” subscribed by a registered professional engineer or architect, certifying that the Use intended will satisfy the standards of the Enclosed Industrial Use or Open Industrial Use, as the case may be, and in the District in which it is to be located. The Building Inspector may take ten (M) days in which to study the application, during which time he may consult with appropriate techlncal consultants. If, after the •ten (10) day period, the Building Inspector has not required any additional information or stated any objections in writing, the Building Inspector shall issue the Improvement Location Permit. C. Site Plans or Development Plans so furnished shall be filed and shall become a permanent public record. D. The Building Inspector shall Issue an Improvement Location Permit for a Special Exception only following receipt of notice from the Board that the application therefor has been approved by the Board. E. No land shall be occupied or used and no Building hereafter erected, reconstructed, or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a Certificate of Occupancy shall have been issued stating that the Building and Use comply with all the provisions of this ordinance applicable to the Building or premises or the Use in the District in which * is to be located. When the Improvement covered by the Improvement Location Permit has been completed In substantial conformity with the site plan or development plan submitted in the application pursuant to Paragraph A. of this Section, a Certificate of Occupancy shall then be issued. > ■ F. No change shall be made in the Use of land, except as provided in this Ordinance, the use of any Building or part thereof, now or hereafter ’erected, reconstructed or structurally altered, without a Certificate of Occupancy having been Issued by the BuildIng Inspector and no such certificate shall be issued to make such change unless It is in conformity with the provisions of this Ordinance. G. A certificate of Occupancy shall be applied for coincidentally with the application for an Improvement Location Permit and shall be Issued within ten (10) days after the lawful erection, reconstruction or structural alteration of such building or other Improvement of the land shall have been completed. „ „ H. A record of all Certificates of Occupancy shall be kept on file fits the office of the Building Inspector and copies shall be furnished upon request to any Person having a proprietary or tenacy Interest In the Building or land affected. I. No Improvement Location Permit shall be Issued for excavation for or the-erection, reconstruction or structural alteration of any Building, before application has been made sor x a Certificate of Occupancy. J. An application for an Improvement Location Permit for any use shall not be approved until it has been ascertained by the Building Inspector that the proposed use meets the minimum standards for a sewage disposal system as required by the City Health Officer. K. The work or use authorised by any Improvement Location Permit, Certificate of Occupancy or Permit for a Variance, Contingent Use, or other Permit, except a Special Exception, must be commenced within six («) months of the date of Issuance of such certificate or permit, otherwise the same shall lapse and be and become null and void. All work so authorised shall be completed within twfenty-four (24) months from the issuance of the certificate or permit therefor, except for a Special Exception, and provided that for good cause shown ’ the Building Inspector may extend the work completion time. SECTION 10. BOARD OF ZONING APPKATjS The” Board of Zoning Appeals is hereby established which shall consist of five (5) members, all of whom shall be residents of the City, and none of whom shall hold other elective or appointive office in the City, or In Adams County, except that two (2) of the five (5) members shall be appointed from the Commission’s citisen membership. Os the original five members, two shall be appointed to serve for four (41 years; one for three (8) years; one for two (2) years; and one for one (1) year. Terms of these members ■hall expire on the first day ot January of the first, second, third and fourth year, respectively, following their appointment. Thereafter. as terms expire, each new appointment shall be for a term of four (4) years. All members of the Board shall be appointed by the Mayor of the City. A. At the first meeting of each year, the Board shall elect a Chairman and a vice-chairman from among its members and it mav appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of Its duties all in conformity to and compliance with salaries and compensations therefore fixed by the Common Council of the City. > B. The Board shall adopt its own rules of procedure not in conflict with this ordinance nor with the Indian statutes in such , case made and provided. C. All meetings of the Board shall be held at the call of the chairman and at such times as such- Board may determine. The chairman, or in his absence the viee-chatriwan; 'mUJ*- admtntster oaths and compel the attendance of witnesses. All meetings <ri the Board shall be open to the public. The Board shall keep minutes nf its proceedings, showing the vote of erfbh member upon each question, or if absent or failing to

FRIDAY, OCTQBEfI IM4

a«x.?n oTfc. ■hall be included In the mlqute. of each caM of a requested Variation, and the reasons for recommending or denying »uch variation shall be specified- Every rule or regulation, and every amendment or repeal thereef, every order, requirement, decision or * et * wn * l ? a : tlon ot the Board shall be filed immediately in the office ot the Board and shall be a public rec°rD. An appeal may be taken to the Board by any Person, firm or corpiMcaXion aggrieved, or by any officer, department, board or bureau of the city or county affected by any decision of the Building Inspector. Buch appeal shall be taken within a reasonable time as shall be prescribed by the Board by general rule, by filing with the Building Inspector and with the Board a notice of appeal, specifying the grounds thereof. The Building Inspector ehall forthwith transmit to the Board all of the papers constituting the record upon which he action appealed from was taken. The Board shall select A reasonable time and place for the hearing of the appeal and give notice thereof in the manner provided by paragraph J. of this Beetton. The hearing may be continued from time to time. Following the conclusion of the hearing a decision on the appeal shall be rendered within twenty (28) days. Any Person may appear and testify at any hearing either in person or by counsel. E. The Board shall have the following powers and it shall be its duty: 1. To hear and decide appeals where it to alleged there Is error in any order, requirement, decision or determination made by the Building Inspector in the enforcement of this Ordinance. 2. To hear and decide by granting or denying an exception to the provisions of this ordinance Including but not limited to the following instances: a. A request for the extension of a District where the boundary line of a District divides a Lot or tract held in single ownership at the time of passage of this ordinance. b. Interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of the Zoning Plan, as shown on the Zone Map, where the Street layout actually existing on the ground varies from the Street layout as shown on the said map or maps. c. Permit the reconstruction of a Non-conforming Building which has been damaged by fire or pther causes to the extent of more than eighty percent (80%) of its actual value, where the Board finds that the public interest will be best served by permitting a continuance of the non-con-forming Use. " d. Waive or reduce the parking and loading and unloading berth requirements in any of the Districts whenever the character or Use of the Building is such as to make unnecessary the full provision of parking or loading and unloading berth facilities, or whether such regulations would impose an unreasonable hardship upon the - Use of the premises as distinguished from merely granting an advantage or a convenience. . 3. To hear ana decide special ordinance upon Which the exceptions to the terms ■Ot this ordinance upon which the Board is required to pass under this ordinance. 4. The Board shall have authority to authorize upon appeal in specific cases variances from the terms of this ordinance when the following is made to appear by the property owners. a. Whenever a property owner can show that a strict compliance with the terms of this ordinance relating to the Use, construction or alteration of Buildings or Structures or •the Use of land will impose upon such owner unusual and practical difficulties or particular hardships. b. If the Variance granted is in harmony with the general purpose, Intent and spirit of this ordinance. c. If the Board determines that the granting of the re ■ quested Variance will not serve merely as a convenience to the applicant, but will allievlaite a demonstrable hardship as to warrant a Variance, and at the same time su. rounding property will be reasonably protected. d. That by granting the request for a Variance substantial justice will be done. In its consideration of a specific case the Board must determine that the granting of a Variance from the terms of this ordinance will not be contrary to the public interest, where owing to special conditions, fully demonstrated on the basis of the facts presented, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and that the spirit of this ordinance shall be observed and substantial justice done. F. In considering all appeals and any proposed exception or Variance to this ordinance the Board, before making any exception or Variance In a specific case, shall first determine: 1. That the granting of exception will not permit any Use in any District which would be Ln conflict with the permitted Uses of such District under the terms of this ordinance. 2. That it will not impair an adequate supply of light and air to adjacent property. 8. That it will not unreasonably increase the congestion in public Streets. 4. That it will not increase the danger of fire or of the public safety. 5. That It will not unreasonably diminish or Impar established property values within the surrounding area. 6. That it will not in any other respect impair the public health, comfort, safety, morals or welfare of the inhabitants of the city. G. The concurring vote of three (8) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or to decide In favor of the applicant any matter upon which the Board is authorised to render a decision. H. In exercising its powers, the Board may, in conformity with the provisions of this ordinance, reverse er affirm, wholly or In part, or may modify , the order, requirement, decision or determinatiqn appealed from and make such order, requirement, decision or determination m ought to be made and to that end shall have all the K ,wer ” ,he Building Inspector from "whom the appeal is taken. Nothing herein contained shall be construed to give or grant ~to the Board the power or authority to alter or change the Zoning Ordinance or the Zone Map, such power and authority being reserved to the Common